Common use of Access to Project ROW Clause in Contracts

Access to Project ROW. To the extent that Developer has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clause (b) of the definition of “TxDOT-Caused Delay” Developer shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer makes a request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer may, with TxDOT’s prior consent, which may be withheld or withdrawn at any time, in TxDOT’s discretion, and subject to the provisions of Section 3.12.8 above and Sections 7.3 and 7.4 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer’s negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of an event described in clause (b) of the definition of “TxDOT-Caused Delay” Developer Section 6.5.3, DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer DB Contractor may, with TxDOT’s 's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s sole discretion, and subject to the provisions of Section 3.12.8 6.6 above and Sections 7.3 7.4 and 7.4 7.5 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer’s DB Contractor's negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its sole discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clause (b) of the definition of “TxDOT-Caused Delay” Developer shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer makes a request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer may, with TxDOT’s prior consent, which may be withheld or withdrawn at any time, in TxDOT’s discretion, and subject to the provisions of Section 3.12.8 3.13.8 above and Sections 7.3 and 7.4 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer’s negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clause (b) of the definition of “TxDOT-Caused Delay” Developer DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer DB Contractor may, with TxDOT’s 's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s sole discretion, and subject to the provisions of Section 3.12.8 6.6 above and Sections 7.3 and 7.4 Section 7 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer’s DB Contractor's negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its sole discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of an event described in clause (b) of the definition of “TxDOT-Caused Delay” Developer Section 6.5.3, DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer DB Contractor may, with TxDOT’s 's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s discretion, and subject to the provisions of Section 3.12.8 6.6 above and Sections 7.3 7.4 and 7.4 7.5 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer’s DB Contractor's negotiations with property owners or occupants for early rights-of-of- entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clause (b) of the definition of “TxDOT-Caused Delay,” Developer DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer DB Contractor may, with TxDOT’s 's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s sole discretion, and subject to the provisions of Section 3.12.8 6.6 above and Sections 7.3 7.4 and 7.4 7.5 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer’s DB Contractor's negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its sole discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of an event described in clause (b) of the definition of “TxDOT-Caused Delay” Developer Section 6.5.3, DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer DB Contractor may, with TxDOT’s prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s discretion, and subject to the provisions of Section 3.12.8 6.6 above and Sections 7.3 7.4 and 7.4 7.5 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. DeveloperDB Contractor’s negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, and then only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of an event described in clause (b) of the definition of “TxDOT-Caused Delay” Developer Section 6.5.3 and Section 13.8.5(c), DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer DB Contractor may, with TxDOT’s 's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s discretion, and subject to the provisions of Section 3.12.8 6.6 above and Sections 7.3 7.4 and 7.4 7.5 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer’s DB Contractor's negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clause (b) of the definition of “TxDOT-Caused Delay,” Developer DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer DB Contractor may, with TxDOT’s 's prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s sole discretion, and subject to the provisions of Section 3.12.8 6.6 above and Sections 7.3 and 7.4 Section 7 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. Developer’s DB Contractor's negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its sole discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).

Access to Project ROW. To the extent that Developer DB Contractor has not been provided with access to portions of the Project ROW on or prior to the date set forth on the Project Schedule, Developer DB Contractor shall work around such Project ROW with the goals of minimizing delay to the completion of the Project. Except for delays caused by the type of event described in clause (b) of the definition of “TxDOT-Caused Delay,” Developer DB Contractor shall not be entitled to any increase in the Price or time extension for delays caused by the failure or inability of TxDOT to provide Project ROW. Where Developer DB Contractor makes a written request for access or rights of entry for any Project ROW for which access has not yet been acquired, Developer DB Contractor may, with TxDOT'’s prior written consent, which may be withheld or withdrawn at any time, in TxDOT’s sole discretion, and subject to the provisions of Section 3.12.8 6.6 above and Sections 7.3 7.4 and 7.4 7.5 of the Technical Provisions, negotiate with property owners or occupants for early access or temporary use of land, provided that any such negotiations shall comply in all respects with applicable Law, including the Uniform Act. DeveloperDB Contractor'’s negotiations with property owners or occupants for early rights-of-entry shall occur only under such terms and conditions as are stipulated by TxDOT, in its sole discretion. TxDOT shall not be bound by the terms and conditions agreed upon by Developer DB Contractor and any property owner or occupant until such time as TxDOT has expressly so indicated in writing (and, then, only to the extent expressly set forth therein).